下载掌阅APP，畅读海量书库
立即打开
Definition and Demonstrations of Stare Decisis
A. Complete the paragraphs below with one word in each gap.
Stare decisis is a Latin term. It means “to stand by things decided.” Stare decisis is a doctrine used in all court cases and with all legal issues. A doctrine is simply a（1）____________, or an instruction, but it's not necessarily a rule that cannot ever be（2）____________.
The doctrine of stare decisis means that（3）____________issues to（4）____________look to past, similar their decisions. The past decisions are known as precedent. Precedent is a legal principle or rule that is created by a court（5）____________. This decision becomes an example, or（6）____________, for judges deciding similar issues later. Stare decisis is the doctrine that（7）____________courts to look to precedent when making their decisions. These two principles allow American law to build（8）____________, and make the legal system a common law system.
B. Listen and comprehend. Fill in the blanks with words or phrases mentioned in the listening material.
In the example, Blue borrows Red's lawnmower, so Blue is a（1）____________and Red is a（2）____________ . Red discovers that Blue uses the lawnmower without his（3）____________, and（4）____________the lawnmower. Red sues and（5）____________Blue buy him a new one, but the court only decides that Blue does（6）____________Red the money required to（7）____________it. The decision turns to precedent, and lower court in the same（8）____________should have to follow it.
C. Decide whether the statements below are true or false.
[ ] 1. Courts are expected to follow their own previous rulings only.
[ ] 2. Lower courts are expected to follow the rule made by higher courts. For example, the Texas state appellate courts should follow rulings of the South Carolina Supreme Court.
[ ] 3. The U.S. Supreme Court issues a court ruling that taxes are unconstitutional. This decision is binding all courts in the U.S.
[ ] 4. There is a possibility for South Carolina to follow Texas rule.
D. Answer the questions.
1. What is the Roe v. Wade case about?
_____________________________________________________
2. Why did the Supreme Court decline to follow precedent set in the Roe v. Wade case?
_____________________________________________________
3. What happened in the 1950s and 1960s?
_____________________________________________________
4. When can the precedent be abandoned?
_____________________________________________________